What Is A "Juvenile Offender"?

A juvenile offender is an offender who is too young to be tried as an adult.
The age at which a person can be tried as an adult varies between states,
but is ordinarily the age of seventeen or eighteen. This age can go down for
certain serious offenses, such as homicide or sexual assault.

What Happens In "Juvenile Court"?

When a juvenile is charged with a criminal offense and is sent to a juvenile
court, the focus is ordinarily on what will rehabilitate the juvenile, rather
than on punishment. Often, the offender will be said to have committed a "delinquent
act," as opposed to a "criminal offense." The juvenile court
has broad discretion to tailor a sentence to the needs of a young offender.
This is not to say that juveniles are not sentenced to prision - many states
have large juvenile prisons and treatment facilities. It is understood that
some juvenile offenders are very dangerous, despite their age, and that incarceration
can be appropriate.

What Rights Do Juveniles Have In Juvenile Court?

The specific rights afforded to a juvenile offender vary significantly from
state to state. In some states, juveniles have the right to trial by jury,
while in others they have no such right. Juvenile courts tend to be less formal
than adult courts. Sometimes, the rules of evidence will be more relaxed,
and evidence will be heard to judge the juvenile's "delinquency"
which would not be allowed at an adult's criminal trial.

What Is "Waiver" To Adult Court?

A juvenile offender who has committed a serious offense may be waived from
juvenile court to adult court. Sometimes this is a discretionary waiver, where
the prosecutor files a motion to have the young offender tried as an adult.
After a hearing, where evidence is presented for and against a waiver, the
judge decides whether the offender should be tried as a juvenile or an adult.
Sometimes, this is a mandatory waiver, where the law requires the young offender
to be tried as an adult. Many states have passed laws allowing prosecutors
to file adult charges against juveniles for certain serious offenses, without
having to apply for a waiver.

A juvenile tried in adult court receives all of the rights granted to an
adult defendant, including the right to a jury.

If A Juvenile Is Convicted In Adult Court, Will He Be Sentenced
As An Adult?

The answer to this question varies from state to state, and sometimes from
charge to charge. Some states grant a judge the discretion to sentence a juvenile
offender as a juvenile, even though he was tried as an adult. Some states
mix the sentence, imposing both a juvenile and an adult sentence. In such
states, the adult sentence is only imposed if the juvenile violates the terms
of his juvenile sentence. Sometimes, the Court will sentence the juvenile
as an adult -- a result that can be very harsh in murder cases, where the
juvenile may be sentenced to life in prison without the possibility of parole.

Will A Juvenile's Record Be Sealed When He Becomes An Adult?

This depends upon state law, and can vary significantly depending upon such
factors as subsequent criminal activity or the type of crime committed. If
a juvenile is convicted of certain sex offenses, he may be required to register
as a sex offender for the rest of his life, regardless of his age at the time
of conviction. In some states which automatically seal a juvenile's record
once he passes a certain age, that record may remain unsealed if the defendant
is convicted of an adult offense before he reaches that age. In some states,
a person must petition a court to seal a juvenile record shortly after reaching
the age of majority, or the record will remain public.